An application under Section 482 Cr.P.C. seeking restraint on police from executing coercive measures arising from unchallenged maintenance and residence orders in a domestic violence case was held not maintainable and dismissed.
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Neutral Citation No. - 2023:AHC:172400
Court No. - 86
Case :- APPLICATION U/S 482 No. - 31366 of 2023
Applicant :- Suneel Kumar Arora And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Devendra Pratap Singh,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
opposite party No. 1 and 2 (applicant No. 1) is of the view that it is a fit case for passing interim residence order under Section 19 of the Domestic Violence Act and thus directed Puneet Arora to ensure residential accommodation to his wife till the disposal of the case in the residence at EL 98, Phase-I, Deendayal Nagar, Moradabad, U.P. till he secure similar alternative convenient accommodation to her elsewhere under Section 19(1)(f) of the Act.
the prayer to direct respondent Nos. 2 and 3 not to take any coercive action against the applicants pursuant to order dated 4.10.2021 passed by Civil Judge (J.D.)/ FTC (Crime Against Women), which orders are amenable to appellate Jurisdiction/revisional Jurisdiction as the case may be, but no direction, as prayed in the instant application can be issued in exercise of inherent power u/s 482 Cr.P.C.
Order Date :- 25.8.2023 KU
Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. is maintainable for directing police not to take coercive action pending appropriate challenge to maintenance and residence orders.
1 provisions across 1 enactments
Suneel Kumar Arora
State Of U.P.
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
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